3 ms·

Copyrights are not "rights" the way most other "rights" are understood. The term "right" in this context is an abstraction and it is becoming increasingly stra

Copyrights are not "rights" the way most other "rights" are understood. The term "right" in this context is an abstraction and it is becoming increasingly strained in the modern world. Copyright is a "right" the way that minerals rights are "rights" -- in reality it is a regulation on an industry.

criddell 8y ago
You're right that there are a range of rights, but Copyright is very closely tied to the rights of speech and expression. Usurping somebody's mineral rights sounds like straight up theft.
- betterunix2 8y ago
  Copyright is tied to speech and expression the way speed limits are tied to driving: copyright is a restriction on what a person can say and how they can say it. As for mineral rights, "theft" is not so clear at least based on the history of oil exploration. If I drill a well on my property to tap reserves that span the ground beneath both of our properties, is it really "theft" if I do not pay you a share? Historically the problem was that people were generally incentivized to drill their own land, which led to over-exploitation of petroleum reserves and giant messes in places like Los Angeles. Mineral rights were created to solve that problem by regulating the petroleum industry in a way that minimally disrupts property rights as they are generally understood. In both cases there is nothing fundamental underlying the regulations. There would be nothing particularly wrong with a system that ignores the ownership of land above a petroleum reserve -- that is how air traffic is regulated in the US (nobody can demand compensation for the airplanes that fly over their property above a certain height). Copyright law has been changed many times since the Statute of Anne, and the original motivation for copyrights was to restore the publishing monopoly that had existed under a previous regulation system (the Licensing of the Press act, which was actually intended to enforce censorship). The rules are mostly arbitrary, and I would argue that in the case of copyright the goal of the regulation is also arbitrary (i.e. copyright was not established to solve an actual problem facing society).
  - deleted 8y ago
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criddell 8y ago

You're right that there are a range of rights, but Copyright is very closely tied to the rights of speech and expression. Usurping somebody's mineral rights sounds like straight up theft.

betterunix2 8y ago
Copyright is tied to speech and expression the way speed limits are tied to driving: copyright is a restriction on what a person can say and how they can say it. As for mineral rights, "theft" is not so clear at least based on the history of oil exploration. If I drill a well on my property to tap reserves that span the ground beneath both of our properties, is it really "theft" if I do not pay you a share? Historically the problem was that people were generally incentivized to drill their own land, which led to over-exploitation of petroleum reserves and giant messes in places like Los Angeles. Mineral rights were created to solve that problem by regulating the petroleum industry in a way that minimally disrupts property rights as they are generally understood. In both cases there is nothing fundamental underlying the regulations. There would be nothing particularly wrong with a system that ignores the ownership of land above a petroleum reserve -- that is how air traffic is regulated in the US (nobody can demand compensation for the airplanes that fly over their property above a certain height). Copyright law has been changed many times since the Statute of Anne, and the original motivation for copyrights was to restore the publishing monopoly that had existed under a previous regulation system (the Licensing of the Press act, which was actually intended to enforce censorship). The rules are mostly arbitrary, and I would argue that in the case of copyright the goal of the regulation is also arbitrary (i.e. copyright was not established to solve an actual problem facing society).
- deleted 8y ago
  [deleted]